Opinion
WD 85472
10-10-2023
STATE of Missouri, Respondent, v. Mark A. MCAFEE, Appellant.
Justin E. Davis, Jefferson City, MO, for Respondent. Jedd C. Schneider, Columbia, MO, for Appellant.
Justin E. Davis, Jefferson City, MO, for Respondent.
Jedd C. Schneider, Columbia, MO, for Appellant.
Before Division One: Anthony Rex Gabbert, Presiding Judge, Lisa White Hardwick, Judge, Mark D. Pfeiffer, Judge
ORDER
Per Curiam:
Mark A. McAfee II appeals the circuit court's judgment, entered on a jury verdict, convicting him of the class D felony of tampering with a motor vehicle in the first degree pursuant to Section 569.080, RSMo Cum. Supp. 2017. McAfee contends on appeal that the circuit court plainly erred in refusing his proffered jury Instruction A and failing to instruct the jury on second-degree tampering, arguing that second-degree tampering is a nested lesser-included offense of the operating a motor vehicle specie of first-degree tampering and failing to give the instruction resulted in manifest injustice. We affirm. Rule 30.25(b).